Kurian v. U.S. Mortgage Capital
Appellant Jay Kurian appeals from a summary judgment entered in favor of respondents U.S. Mortgage Capital, Inc., (U.S. Mortgage), as well as Amber Scholer, a corporate officer of U.S. Mortgage, and Ryan Scholer (the Scholers), dismissing appellants actions for minimum, overtime and other wages due under the California Labor Code and the Federal Fair Labor Standards Act (FLSA).[1] The trial court found that this action was barred under the doctrine of res judicata, and that the statute of limitations had run on the eighth and ninth causes of action against the Scholers individually. We conclude that the prior judgment does not bar this action, but we do not reach the statute of limitations, as we agree with respondents that appellant failed to exhaust his administrative remedies against the Scholers. We reject respondents contention that all appellants claims have been released under a settlement agreement. Court therefore affirm the dismissal of the Scholers from the eighth and ninth causes of action, but otherwise reverse the judgment.
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